U.S. Residential Real Estate Transactions Involving Foreign Buyers: Key Considerations for Structuring the Transaction
Federal and State Restrictions, Financial Issues, Key Contractual Provisions, and More

Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
Intermediate
- work Practice Area
Real Property - Transactions
- event Date
Thursday, March 27, 2025
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE webinar will discuss how to guide foreign buyers through the transaction process for purchasing U.S. residential real estate. The panel will examine key federal and state regulations governing these transactions, issues unique to foreign buyers of which counsel should be aware, and drafting considerations and key provisions for buyer's and seller's counsel when creating sales agreements.
Faculty

Mr. Xylas has extensive transactional real estate experience representing individuals and entities with residential and commercial acquisitions and sales and the related financing of real estate properties. His banking experience includes overseeing mortgage settlement representation for major retail lenders and wholesale mortgage bankers, and he has also represented a number of major lenders in New York involving mixed-use commercial properties and with construction loan settlements. Mr. Xylas has lectured extensively on panels for the New York City Bar Association, The Real Estate Board of New York, the American Australian Association, and at numerous real estate brokerage firms across New York City. He has also contributed content to and been quoted in numerous publications.

Mr. Accursio has experience in tax planning, corporate governance, mergers and acquisitions, private equity transactions, income tax matters, and litigation. Prior to joining AGMB, he worked as a tax associate at PricewaterhouseCoopers LLP and a tax and corporate associate at Fried, Frank, Harris, Shriver & Jacobson LLP.
Description
Non-U.S. citizens purchase billions of dollars of U.S. residential real estate each year. While U.S. law permits non-citizens to make these purchases, the transactions are subject to a variety of federal and state restrictions. Whether representing the buyer or seller, counsel should understand the key issues related to these transactions to help their clients navigate the process.
For example, foreign buyers have a variety of entity choice options (individual, LLC, corporation, trust) to choose from and counsel should be able to guide them through the pros and cons of each for structuring the transaction as well as the unique tax consequences and other financial considerations for non-U.S. citizens. Counsel for buyers and sellers should understand what is required in sales agreements and unique drafting considerations to best protect their clients' interests.
agreements and unique drafting considerations to best protect their clients' interests. Listen as our expert panel discusses how to guide non-U.S. citizens through the process of purchasing U.S. residential real estate. The panel will discuss key transaction issues related to foreign buyers and drafting considerations for buyers and sellers.
Outline
- Introduction
- Key transaction issues when foreign buyers purchase U.S. residential real estate
- Federal and state restrictions on foreign ownership of U.S. real estate
- Financing challenges
- Tax considerations
- Entity options and structures
- Others
- Drafting considerations for buyers and sellers
- Practitioner takeaways
Benefits
The panel will review these and other important considerations:
- What federal and state regulations governing the purchase of U.S. real estate by foreign buyers should counsel be aware of?
- What transactional considerations are unique to foreign buyers when purchasing U.S. residential real estate?
- What are key contractual provisions required for these transactions?
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